Julius Masiva Obuga v Kenya Broadcasting Corporation [2019] KECA 30 (KLR)
- Court
- Court of Appeal
- Case number
- 30
- Citation
- [2019] KECA 30 (KLR)
- Decided
- 30 December 2019
The appellant's complaint that he was retired without his consent is baseless, and the appeal fails on that score.
Facts
The appellant, Julius Masiva Obuga, sued the Kenya Broadcasting Corporation for unlawful dismissal, pension arrears, and other damages. The appellant claimed he was unlawfully dismissed and that his employment should have been under the respondent corporation rather than the Public Service Commission. The respondent produced documents indicating the appellant did not contribute to the pension scheme and had indicated his intention to retire at age 50.
Issues
- Whether the appellant became an employee of the respondent corporation upon its creation
- Whether the appellant's employment ended without his consent
Reasoning
The appellant expressed his intention to retire upon attaining the age of 50 years and took steps to ensure he would retire at a reasonable pension. The documents produced in court, including a letter confirming his correct grading, prove he did take steps to retire.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Kenya Broadcasting and Corporation Act
Cases cited (1)
- Abok James Odera & Associates v John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR (Civil Appeal No. 161 of 1999)
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